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Get your bail money back

Do You Get Bail Money Back?

June 8, 2023

When a loved one is arrested, posting bail can be a costly and stressful process. But what happens to that money once the case is resolved?

If you’re wondering whether you can expect to get your bail money back, there are a few key factors to consider. Specifically, you’ll want to understand the differences between cash bail, property bonds, and surety bonds (also known as bail bonds), as well as the specific circumstances that can impact whether or not you can recover your funds.

By exploring these entities in greater detail, we can help you gain a clearer understanding of what to expect when it comes to getting your bail money back.

Cash Bail

cash bail

If you decide to post cash bail directly to the court for your loved one (without a bail bonds company), you can receive your money back (minus any court fees) as long as the accused shows up for all scheduled court appearances.

This scenario pertains directly to those who choose to post the full bail amount directly to the court (again, without a bail bonds company). It implies that whether the defendant is found not guilty, or if they plead guilty and receive a sentence, once the case is resolved, the bail money is discharged and returned to the person who posted it.

However, when you choose to engage a bail bond service (like us) to post bail for your loved one, the scenario is different. In this case, the payment made to the bail bond service is a fee for the service, and it is non-refundable.

If the accused fails to appear in court or is arrested again while out on bail, the court may forfeit the full bail amount. In such a situation, any collateral provided could be at risk.

A Property Bond

Property bond

Posting a property bond as a form of bail means using your property as collateral, effectively placing a lien on it until the defendant attends all court proceedings. If the accused fails to show up for a court appearance, the state has the right to seize the property.

While this option is available for those who own property, it is not commonly used. Unlike cash bail, property bonds do not involve the exchange of money, so you will not receive any money back in the event that the case is resolved. However, if the defendant meets all of the court’s requirements, the lien will be removed, and your property will no longer be at risk.

Surety Bail or Bail Bonds

Surety bond

If you’re unable to post bail with cash or property, you may choose to use a bail bond to secure your release from jail. This option involves working with a professional bail bondsman or bail agent, who will post the full bail amount in exchange for a bail premium that you pay. When you make all of your required court appearances, the bail money will be returned to the person who posted it – in this case, the bail bond agent.

However, you will not receive a refund of your bail premium (typically 10% of the bail amount), as this is a non-refundable fee that you pay for the services of the bail agent. It’s important to note that if you fail to show up for court or violate any conditions of your release, the bail bond may be forfeited, and you may be required to pay additional fees or face other penalties. Understanding the above can help you make an informed decision about whether or not to use a bail bond and what to expect in terms of getting your money back.

What Is the Purpose of Bail?

Purpose of bail

Understanding the purpose of bail is important in determining whether or not to post bail and what to expect in terms of getting the bail money back.

The primary purpose of bail is to ensure that a defendant appears for all court proceedings related to their case. Posting bail acts as a guarantee that the accused will fulfill this obligation, much like a bank loan’s security or collateral. By posting bail, the defendant is able to return home after being arrested, but the collateral (such as cash, property, or a bond) is held until the case is resolved. If the defendant attends all court appearances as required, the collateral will be returned to the person who posted it. However, if the defendant fails to show up for court or violates any conditions of their release, the collateral may be forfeited, and there may be additional legal consequences.

Choosing a Bail Bond Agent

Posting cash bail isn’t always an option because very few people have cash lying around, which is why a bail bond is an attractive option. Keep in mind that you will need to pay a 10 percent fee when you choose a bail bond company.

However, most bail bond companies demand this 10 percent fee up front and will not post your bail until it is paid. At the Bail Boys, we understand that not everyone will have this amount to offer upfront, which is why we offer payment plans to suit your budget. You can choose to pay zero, one, or two percent upfront and cover the balance at a later date!

The Bail Boys is a reliable and trustworthy bail bond company in Southern California, with over 20 years of experience in the industry. We understand that not everyone can afford to pay the 10 percent fee demanded by most bail bond companies upfront, which is why we offer flexible payment plans to suit your budget. Out experience and affordability have allowed us to helped thousands of people post bail in California. We are transparent about our payment plans and have a long-standing reputation for providing exceptional customer service. Our experience and expertise in the bail bond industry make us an authoritative source on the subject, while our commitment to putting our clients first has earned us respect in the community. If you need help posting bail, we’ll guide you through the process with confidence and ease. You can find our offices in the following counties:

Need a Bail Bond? We Can Help!

Being arrested and finding yourself behind bars can be a scary process, and the stress of not being able to post bail can be overwhelming. However, when this happens, we can help! We understand the ins and outs of posting bail at the Bail Boys and can help answer all your questions and guide you through the bail bond process.

Get in touch with us today to find out what we can do to get you or your loved one out of jail!

bail bond

Frequently Asked Questions

We answer some of the most commonly asked questions about bail money in the section below.

1. Do You Get Your Bail Money Back If You Are Found Guilty?

If you use a bail bondsman to post bail you will not receive your bail premium back, as this is a non-refundable fee that you pay to a bail agent to post the entire bail amount on your behalf.

2. Do You Get the Money Back If Your Case Is Dismissed?

Yes, your bail money will be returned if the prosecution drops the charges. However, it is important to keep in mind that a portion of the bail may be used to cover court fees, restitution, or fines. Again, if you use a bail bondsman to post bail you will not receive your bail premium back, as this is a non-refundable fee that you pay to a bail agent to post the entire bail amount on your behalf.

3. How Long Does It Take to Get Your Bond Money Back?

Your bail refund is processed and mailed to you within 30 business days after you have made your court appearances, or the charges have been dropped.

4. How Do I Get My Bail Money Back?

Any bail that has been posted by depositing cash will be returned by issuing a cheque. However, in some cases, the person who paid the bail may be refunded in cash.

5. Do You Get Your Bail Money Back from a Bail Bondsman?

No. When you choose a bail bond agent to take care of your bail, the bail bond company will take the risk of losing the bail money. This means that when the bail money is returned, it will go to the person or entity that posted it, which in this case is a bail bond agent.

You will pay a bail bond premium, which is typically 10 percent of the total bail amount.

This amount is non-refundable and is the fee that you agree to pay for the use of a bail agent’s services. On the other hand, if you post cash bail, you can expect to receive your money back if you pay bail.

6. Where Does Bail Money Go?

You may be wondering where your bail money goes when you hire a bail bondsman. We will travel to the prison where you or your loved one is being held and pay your bail, so this money will go to the court to cover the cost of your bail.

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The Bail Boys is an affordable bail bonds company with over 20 years of experience, thousands Californian's served, and hundreds of humbling 5 star reviews. We work extremely hard to ensure the content on our website is accurate and up to date. With that said, the information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. 

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